WAY, estates. A passage, street or road. A right of way is a privilege which
an individual or a particular description of persons, such as the
inhabitants of a particular place, or the owners or occupiers of such place
may have, of going over another person's ground.
2. It is an incorporeal hereditament of a real nature, a mere easement,
entirely different from public or private roads.
3. A right of way may arise, 1. By prescription and immemorial usage. 2
McCord, 447 5 Har. & John. 474; Co. Litt. 113, b; Br. Chem. 2; 1 Roll. Ab.
936. 2. By grant. 3 Lev. 305; 1 Ld. Raym. 75; 17 Mass. 416; Crabb on R. P.
Sec. 366. 3. By reservation 4. By custom. 5. By acts of the legislature. 6.
From necessity, when a man's ground is enclosed and completely blocked up,
so that he cannot, without passing over his neighbor's land, reach the
public road. For example, should A grant a piece of land to B, surrounded by
land belonging to A; a right of way over A's land passes of necessity to B,
otherwise he could not derive any benefit from the acquisition. Vide 3
Rawle, 495; 2 Fairf. R. 1,56; 2 Mass. 203; 2 McCord, 448; 3 McCord, 139; 2
Pick. 577; 14 Mass. 56; 2 Hill, S. C. R. 641; and Necessity. The way is to
be taken where it will be least injurious to the owner. 4 Kent, Com. 338. 4.
Lord Coke, adopting the civil law, says there are three kinds of ways. 1. A
foot-way, called iter. 2. A foot-way and horse-way, called adus. 3. A cart-
way, which contains the other two, called via. Co. Lit. 56, a; Pothier,
Pandectae, lib. 8, t. 3, Sec. 1; Dig. 8, 3; 1 Bro. Civ. Law, 177. Vide Yelv.
142, n; Id. 164; Woodf. Landl. & Ten. 544; 4 Kent, Com. 337; Ayl. Pand. 307;
Cruise's Dig. tit. 24; 1 Taunt. R. 279; R. & M. 151; 1 Bail. R. 58; 2 Hill.
Abr. c. 6; Crabb on Real Prop. Sec. 360 to 397; Bouv. Inst. Index, h.t.;
Easement; Servitude.

All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.